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Politech is the oldest Internet resource devoted to politics and technology. Launched in 1994 by Declan McCullagh, the mailing list has chronicled the growing intersection of culture, technology, politics, and law. Since 2000, so has the Politech web site.
---------- Forwarded message ---------- Date: Wed, 30 Jan 2002 08:49:05 -0800 From: Steve Schear <schear@lvcm.com> To: Declan/Politech <declan@well.com> Subject: The Commerce Clause on trial Forwarded from a private email (with some minor edits)... >The real crux of the problem is the almost unlimited (and I >believe unconstitutional) authority granted the feds in Wickard v. >Filburn, 317 U.S. 111 (1942), when Congress and the Prez threatened to >expand the bench and pack it after the SC blocked law after law as >exceeding their authority. Unless and until these rulings are overturned >we'll continue to bang our heads against a wall of tyranny. The Oakland Cannabis Buyer's Club case is squarely confronting Wickard. See: http://www.druglibrary.org/ocbc/ and examine the "Defendants Motion after Remand to Dissolve or Modify Preliminary Injunction Order and Memorandum of Points and Authorities in Support thereof - January 7, 2002 - (2.7MB)" We have a case where every level of government -- city, county, and state -- is opposed to the Federal policy, and is now contesting the policy on solid federal jurisdictional grounds, rather than on the flimsy "indirect medical necessity" grounds they tried last time. And the feds are very wrong, and the locals are very right, and public opinion supports the locals. This doesn't happen too often. steve ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- Events: Congreso Nacional de Periodismo Digital in Huesca, Spain from Jan. 17-18 (http://www.congresoperiodismo.com) and the Second International Conference on Web-Management in Diplomacy in Malta from Feb. 1-3. (http://www.diplomacy.edu/Web/conference2/) -------------------------------------------------------------------------